Dear PAO,

I recently got a job as a cashier in a business establishment. At first, I didn’t know that they were operating an illegal gambling business, particularly mahjong. Because it is difficult to find a job, I opted to stay in my current employment. Last week, our office was raided by the police and I, too, was arrested. Should I be arrested even if I wasn’t directly participating in the gambling? Please help me be clarified. Thank you.

Mely

Dear Mely,

In its goal to promote independence, and uphold the dignified work, perseverance and self-reliance, the State has established laws to declare certain gambling activities illegal. In fact, the State condemns the existence of illegal gambling activities as these have become an influential factor in an individual’s disregard for the basic values of earning a decent living.

Republic Act (RA) 9287 amended Presidential Decree (PD) 1602 and increased the penalties for illegal gambling. Section 2(f) of RA 9287 penalizes personnel or staff participating in the illegal numbers game operation, although not directly participating therein. Accordingly:

“Sec. 2. Definition of Terms. – As used in this Act, the following terms shall mean x x x

“f) Personnel or Staff of Illegal Numbers Game Operation. – Any person, who acts in the interest of the maintainer, manager or operator, such as, but not limited to, an accountant, cashier, checker, guard, runner, table manager, usher, watcher, or any other personnel performing such similar functions in a building structure, vessel, vehicle, or any other place where an illegal numbers game is operated or conducted. x x x”

Under the above-mentioned provision, a person who acts as a personnel or staff in illegal gambling is also included in those who are penalized by the law.

Section 2(a) of the same law defines an illegal numbers game. Particularly:

“Sec. 2. Definition of Terms. – As used in this Act, the following terms shall mean:

“a) Illegal Numbers Game. – Any form illegal gambling activity which uses numbers or combinations thereof as factors in giving out jackpots. x x x”

Based on the stated provision, any form of illegal gambling which uses numbers or combinations to win the games and receive jackpots are considered an illegal numbers game. Thus, the operation of mahjong is covered by RA 9287.

To answer your question, your participation as a cashier is specifically prohibited by law. Should it be proven that you have willingly participated as a cashier in the operation of an illegal gambling business, you may likewise face imprisonment. To be clear, the law does not only penalize those who are directly participating in the illegal gambling activity, but also those who facilitate in its operations.

Moreover, those who are proven to have facilitated the illegal gambling activity as a personnel or staff will be meted with strict criminal liability. Under Section 3(b) of the same law:

“Sec. 3. Punishable Acts. – Any person who participates in any illegal numbers game shall suffer the following penalties: x x x

“b) The penalty of imprisonment from six (6) years and one (1) day to eight (8) years, if such person acts as a personnel or staff of an illegal numbers game operation; x x x”

We hope that we were able to answer your queries. This advice was based solely on the facts you have narrated and our appreciation of the same. Our opinion may vary when other facts are changed or elaborated.

Thank you for your continued trust and support.

Editor’s note: Dear PAO is a daily column of the Public Attorney’s Office. Questions for Chief Acosta may be sent to [email protected]